UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-Q/A
(Mark One)
[ X ] QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the quarterly period ended March 31, 2009
Commission file number 333-132948
Famous Uncle Al’s Hot Dogs & Grille, Inc.
(Exact name of small business issuer in its charter)
Delaware |
| 20-2791397 |
---------------------------------------------------------------------- |
| ------------------------------------------- |
(State or other jurisdiction of incorporation or organization) |
| (IRS Employer Identification No.) |
100 Mill Plain Rd. Danbury, CT |
| 06811 |
---------------------------------------------------------------------- |
| ------------------------------------------- |
(Address of principal executive offices) |
| (Zip Code) |
Issuer’s telephone number: (203) 616-2930
Check whether the issuer (1) filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirement for the past 90 days. Yes [X] No [ ]
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See definitions of “large accelerated filer,” “accelerated filer,” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):
Large accelerated filer |
|
| Accelerated filer |
|
Non-accelerated filer |
|
| Smaller reporting company | X |
Indicate by checkmark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes [ ] No [X ]
The Company is filing this 10Q/A to disclose that the Company’s internal controls were not effective as of March 31, 2009 due to an omission in the Form 10K.
ITEM 4.
CONTROLS AND PROCEDURES
We carried out an evaluation of the effectiveness of the design and operation of our disclosure controls and procedures as of March 31, 2009. This evaluation was accomplished under the supervision and with the participation of our chief executive officer, principal executive officer, chief financial officer/principal accounting officer who concluded that our disclosure controls and procedures are not effective to ensure that all material information required to be filed in the quarterly report on Form 10-Q has been made known to him.
Disclosure controls and procedures are designed to ensure that information required to be disclosed in our reports filed or submitted under the Securities Exchange Act is recorded, processed, summarized and reported, within the time periods specified in the Securities and Exchange Commission's rules and forms. Disclosure controls and procedures include, without limitation, controls and procedures designed to ensure that information required to be disclosed in our reports filed under the Exchange Act is accumulated and communicated to management, including our Chief Executive Officer and Chief Financial Officer, to allow timely decisions regarding required disclosure.
Based upon an evaluation conducted for the period ended March 31, 2009, Paul Esposito, who served as our Chief Executive Officer and Chief Financial Officer (which duties include that of principal accounting officer) as of March 31, 2009, and the date of this Amended Form 10Q/A, has concluded that as of the end of the period covered by this report, we have identified the following material weakness of our internal controls:
Omission of Management’s Annual Report on Internal Control over Financial Reporting in our originally filed Form 10K which was filed on May 15, 2008.
Reliance upon independent financial reporting consultants for review of critical accounting areas and disclosures and material non-standard transactions.
Lack of sufficient accounting staff which results in a lack of segregation of duties necessary for a good system of internal control.
In order to remedy our existing internal control deficiencies, as soon as our finances allow, we will hire a Chief Financial Officer who will be sufficiently versed in public company accounting to implement appropriate procedures for timely and accurate disclosures.
Changes in internal control over financial reporting
We have not yet made any changes in our internal control over financial reporting that occurred during the period covered by this report on Form 10-Q/A that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.
SIGNATURES
In accordance with Section 13 or 15(d) of the Exchange Act, the Registrant caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
Famous Uncle Al’s Hot Dogs & Grille, Inc.
|
|
|
|
|
|
By: /s/ Paul Esposito | Chief Executive Officer, Chief Financial Officer | Dated: June 18, 2009 |
Paul Esposito |
|
|
|
|
|
